Article 1 Information, template and description of complaints-handling procedures

For the purposes of this Regulation, ‘complaint’ means a statement of dissatisfaction addressed to a crypto-asset service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; by one of its clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; relating to the provision of one or more crypto-asset servicesmeans any of the following services and activities relating to any crypto-asset:providing custody and administration of crypto-assets on behalf of clients;operation of a trading platform for crypto-assets;exchange of crypto-assets for funds;exchange of crypto-assets for other crypto-assets;execution of orders for crypto-assets on behalf of clients;placing of crypto-assets;reception and transmission of orders for crypto-assets on behalf of clients;providing advice on crypto-assets;providing portfolio management on crypto-assets;providing transfer services for crypto-assets on behalf of clients;.

1. the conditions for the admissibility of complaints;

2. information that complaints are filed and handled free of charge;

3. a detailed description of how to file complaints, including:

   1. information that complaints may be filed using the template set out in the Annex;

   2. information to be provided by the complainant;

   3. the identity and contact details of the person or department that complaints must be addressed to;

   4. the electronic platform, system, email or postal address where complaints must be filed;

   5. the language or languages in which a clientmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; is allowed to file a complaint pursuant to Article 3;

4. description of the complaints-handling procedure, as specified in Articles 3 to 6;

5. the timeframe applied by the crypto asset service provider to the complaint-handling procedure, including acknowledging receipt of the complaint in accordance with Article 4, requesting additional information, where appropriate, investigating a complaint and communicating the decision on the complaint;

6. a short description of the arrangements for registering and keeping records of complaints and of measures taken in response thereto through a secure electronic system.

Crypto-asset service providersmeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; shall publish on their website an up-to-date description of the procedures for complaints-handling, as well as the standard template set out in the Annex, and ensure that both that description and that template are easily accessible on their website and on any other relevant digital device that may be used by clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services; to access the crypto-asset servicesmeans any of the following services and activities relating to any crypto-asset:providing custody and administration of crypto-assets on behalf of clients;operation of a trading platform for crypto-assets;exchange of crypto-assets for funds;exchange of crypto-assets for other crypto-assets;execution of orders for crypto-assets on behalf of clients;placing of crypto-assets;reception and transmission of orders for crypto-assets on behalf of clients;providing advice on crypto-assets;providing portfolio management on crypto-assets;providing transfer services for crypto-assets on behalf of clients;. In addition, crypto asset service providers shall provide such description upon clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;’ request and at the time of acknowledging receipt of complaints.

The description of the complaints handling procedure and the standard template set out in the Annex shall be published in all languages used by the crypto-assets service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; to market its services or communicate with clientsmeans any natural or legal person to whom a crypto-asset service provider provides crypto-asset services;.

The crypto-asset service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; shall adequately document the procedures for complaints handling and shall communicate such procedures to all its staff in relevant posts, through an adequate internal channel and provide appropriate training to that staff.

The crypto-asset service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; shall ensure that the procedures for complaints-handling are laid down and endorsed by its management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity;, which shall also be responsible for monitoring their proper implementation. The crypto-asset service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; shall ensure that the procedures for complaints handling are defined and endorsed by its management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity;, which shall also be responsible for monitoring their proper implementation.

The crypto-asset service providermeans a legal person or other undertaking whose occupation or business is the provision of one or more crypto-asset services to clients on a professional basis, and that is allowed to provide crypto-asset services in accordance with Article 59; shall ensure that the conditions a complaint shall meet to be considered admissible and complete are fair, reasonable and do not unduly restrict the rights of natural or legal persons to file a complaint. Such conditions shall not include the mandatory use of the template provided in the Annex to this Regulation.